Toni Lorenzo and Alistair Hayes provide practical observations on the High Court's decision in Nissan Motor’s case for the Solicitors Journal
01 April 2022
Background: Ravinder Passi was previously employed as Nissan’s Global General Counsel based in Japan. His employment was terminated in November 2020. Mr Passi brought two Employment Tribunal claims, including allegations of whistleblowing, detriment and victimisation (one during – and one following the end of – his employment). On providing his disclosure in connection with these claims, Nissan realised Mr Passi had removed and retained hundreds of highly confidential and privileged documents.
Employers should take steps to protect their confidential information well before litigation is contemplated. Most importantly, employers should ensure they have in place well-drafted express confidentiality provisions that clearly set out employees’ obligations, both during and after employment. These should include:
- Clear definitions of what is considered to amount to “confidential information” – and which have been tailored to their business and the employee in question;
- A requirement to return and permanently delete company property (in all its forms) on termination of employment.
Read the full article here.
This article was first published by the Solicitors Journal.
High Court orders ex-employee to return confidential documents kept for taking legal advice16 February 2022
The High Court has issued an injunction against the former Global General Counsel of Nissan, ordering him to return the confidential documents he kept after his employment ended. It did not matter whether the documents were kept for the purposes of taking legal advice.
Lewis Silkin secures injunction against former Nissan GC with High Court ruling confidential documents were retained in breach of contract10 February 2022
Judge Andrew Keyser (High Court Chancery Division) has ruled that the former global general counsel of Nissan (Ravinder Passi) must return or destroy confidential documents owned by the automotive giant.